The Montgomery County Precinct 3 deputy constable caught on camera entering a family’s garage without permission or a warrant in August will not be held accountable for violating any Fourth Amendment rights, the constable’s office confirmed Friday.
“There you are!,” he exclaimed as the couple appeared outside the garage with a cell phone video recording.
The video showed an officer, who identified himself as Sgt. David Weis, standing in the family’s garage in The Woodlands. He had just knocked at the front door, and while the family was in the process of going to answer the door, he walked and entered the open garage.
He claimed to be standing by their fan to cool off, but the couple pointed out their ‘no trespassing’ signs, clearly confused at his presence inside their garage.
“Ma’am, I’m a police officer,” Weis responded, adding, “The trespassing sign doesn’t pertain to law enforcement.”
Weis went on to say, “It’s open to the public,” referencing the garage door being open.
Weis was at Christian and Masha Doyle’s home to serve a notice to appear in court for a contested eviction case. Records show the eviction case has now been dismissed.
On Friday, the Precinct 3 Constable’s Office confirmed the officer was wearing a body camera but didn’t activate it.
“He was exonerated from the Fourth Amendment claims; he was disciplined for failing to activate his camera and for not generating a call slip,” Capt. Adam Acosta told KPRC 2 News.
Acosta has not shared what the discipline entailed.
Weis wrote in the civil service process notes that he was recorded on a phone video. “Not Cooperative. Stated I Was Trespassing,” the notes read, according to court records.
The Doyles told KPRC 2 News last month they felt like Weis violated their rights.
“We have rights in this country and those rights are the basis and the foundation,” Christian Doyle said. “It’s extremely tyrannical ... It’s very clear and this is not some first-year, rookie cop.”
Records show Weis has been a licensed peace officer in Texas since 1977.
Civil rights attorney Courtney Vincent, who reviewed the cell phone video, called it an abosolute violation.
“I’m actually quite astounded that a seasoned police officer of over 50 years thought that it was okay to just walk into an open garage when there were no exigent circumstances to begin with,” Vincent said. “The constable didn’t have any right to enter the garage.”
In a statement last month, the Precinct 3 Constable’s Office said it “takes complaints regarding the conduct of its personnel seriously and is committed to ensuring that all matters are reviewed thoroughly, objectively, and in accordance with agency policy and applicable law.”
